Denied
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TAW-91138  /  GrafTech International Holdings Inc. (Anmoore, WV)

Petitioner Type: Company
Impact Date:
Filed Date: 11/13/2015
Most Recent Update: 04/03/2017
Determination Date: 11/15/2016
Expiration Date:


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-91,138

GRAFTECH INTERNATIONAL HOLDINGS INC.
ENGINEERED SOLUTIONS DIVISION
A SUBSIDIARY OF BROOKFIELD ASSET MANAGEMENT INC.
ANMOORE, WEST VIRGINIA

Notice of Negative Determination
on Reconsideration

On November 15, 2016, the Department of Labor issued an
Affirmative Determination Regarding Application for Reconsideration
applicable to workers and former workers of GrafTech International
Holdings Inc., Engineered Solutions Division, a subsidiary of
Brookfield Asset Management Inc., Anmoore, West Virginia (subject
firm). The subject firm is engaged in the production of synthetic
graphite articles used in high temperature applications.
Pursuant to 29 CFR 90.18(c), reconsideration may be granted
under the following circumstances:
(1) If it appears on the basis of facts not previously
considered that the determination complained of
was erroneous;
(2) If it appears that the determination complained of
was based on a mistake in the determination of facts
not previously considered; or
(3) If in the opinion of the Certifying Officer, a mis-
interpretation of facts or of the law justified
reconsideration of the decision.
The petition, filed by the subject firm, states “Domestic
customers are continuing to expand their supply chain to include
materials from overseas or to using domestic suppliers who source
their base graphic and carbon materials from overseas.”
During the reconsideration investigation, the Department
carefully reviewed previously-submitted information and publically
available information, contacted the subject firm, and conducted a
survey of the subject firm’s major declining customer(s).
The investigation revealed that, during the relevant period,
neither firm nor customer imports of articles like or directly
competitive with those produced by the subject firm increased when
compared to the representative base period. Therefore, after
careful review of the request for reconsideration, the Department
determines that 29 CFR 90.18(c) has not been met.
Conclusion
After careful review, I determine that the requirements of
Section 222 of the Act, 19 U.S.C. § 2272, have not been met and,
therefore, deny the petition for group eligibility of GrafTech
International Holdings Inc., Engineered Solutions Division, a
subsidiary of Brookfield Asset Management Inc., Anmoore, West
Virginia, to apply for adjustment assistance, in accordance with
Section 223 of the Act, 19 U.S.C. § 2273.
Signed in Washington, D.C. on this 3rd day of April, 2017

/s/Del-Min Amy Chen
_______________________________
DEL-MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance





DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-91,138

GRAFTECH INTERNATIONAL HOLDINGS INC.
ENGINEERED SOLUTIONS DIVISION
A SUBSIDIARY OF BROOKFIELD ASSET MANAGEMENT INC.
ANMOORE, WEST VIRGINIA

Notice of Affirmative Determination
Regarding Application for Reconsideration

By application dated November 10, 2016, the Department of
Labor (Department) received a request for administrative
reconsideration from a company official of the Department’s
Notice of Termination of Investigation regarding workers’
eligibility to apply for Trade Adjustment Assistance applicable
to workers and former workers of GrafTech International Holdings
Inc., Engineered Solutions Division, a subsidiary of Brookfield
Asset Management Inc., Anmoore, West Virginia (subject firm).
The subject firm is engaged in activities related to the
production of synthetic graphite articles, such as molds and
crucibles, used in high temperature applications. The Notice
was issued on November 4, 2016 and has yet to be published in
the Federal Register.
The Department has carefully reviewed the request for
reconsideration, the existing record, and the new and additional
information provided by the company official, and has determined
that the Department will conduct further investigation to
determine if the workers meet the eligibility requirements of
the Trade Act of 1974, as amended.
Conclusion
After careful review of the application, I conclude that
the claim is of sufficient weight to justify reconsideration of
the U.S. Department of Labor's prior decision. The application
is, therefore, granted.

Signed at Washington, D.C., this 15th day of November, 2016

/s/Del Min Amy Chen
_______________________________
DEL-MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance




DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-91,138

GRAFTECH INTERNATIONAL HOLDINGS INC.
ENGINEERED SOLUTIONS DIVISION
A SUBSIDIARY OF BROOKFIELD ASSET MANAGEMENT INC.
ANMOORE, WEST VIRGINIA

Notice of Termination of Investigation

Pursuant to Section 221 of the Trade Act of 1974, as
amended, an investigation was initiated in response to a
petition filed on November 13, 2015 by a company official of
GrafTech International Holdings Inc., Engineered Solutions
Division, a subsidiary of Brookfield Asset Management Inc.,
Anmoore, West Virginia.
The petitioner has not provided the Department with
information necessary for the investigation to proceed. The
Department has interpreted the petitioner's action as a
constructive request to withdraw the petition. Further
investigation in this case would serve no purpose; therefore,
the investigation under this petition has been terminated.

Signed in Washington, D.C. this 4th day of November 2016.

/s/Del Min Amy Chen
______________________________
DEL MIN AMY CHEN
Certifying Officer, Office of
Trade Adjustment Assistance